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Bhavnaba Bhupatsinh Rathod vs State Of Gujarat on 27 February, 2018

R/CR.MA/3978/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION NO. 3978 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 3983 of 2018

BHAVNABA BHUPATSINH RATHOD
Versus
STATE OF GUJARAT

Appearance:
MR HARDIK A DAVE for the PETITIONER(s) No. 1
MS NISHA THAKORE, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 27/02/2018

ORAL ORDER

1. Heard Mr. Dave, learned advocate for the applicant and
learned APP for the respondent-State.

2. This applications are filed under Section 439 of the Code
of Criminal Procedure for regular bail in connection with
F.I.R. registered at C.R. No. I – 60/2017 with Sutrapada Police
Station for the offences punishable under
Sections 498A, 306
and
114 of the IPC.

2.1 The gist of the case is that the deceased was married to
original accused No.1. After one of the marriage, the accused
persons started harassing the deceased and therefore, the
deceased, who was five months’ pregnant, committed suicide
by hanging herself. Hence, present FIR.

3. Considering the charge sheet papers supplied by learned
APP during the course of hearing, it appears that general
allegations are made against the applicant. The applicant is a

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R/CR.MA/3978/2018 ORDER

female accused. The analysis and scrutiny of police papers, as
it is, does not disclose with unqualified clarity to come to
conclusive finding at threshold the applicant’s unassailable
finding of culpability under
section 306 of the IPC. The
materials on record do not indicate, prima facie, any act of
cruelty or harassment, mental or physical, so as to
persistently/continuously provoke the deceased to take
extreme step with no other option. No such persistent or
consistent applicant’s conduct, which requires culpability, is
found in the police papers, more particularly, from the
statement of the near and dear to the deceased. No doubt,
the deceased died due to unnatural death and she was not
happy. To attract
section 306, there has to be clear mens rea
to commit an offence and active and direct role leading the
deceased to commit suicide. The averments made in the FIR
are very general in its nature allegedly involved entire family
and attributes same and identical role to all the persons
charged. Additionally, the alleged offence do not provide
punishment either life imprisonment or death penalty and
therefore, there is no likelihood or possibility to jump the bail
or escape the trial out of fear of conviction and therefore,
present Criminal Misc. Application deserves consideration.

4. Hence, the applications are allowed and the applicant is
ordered to be released on bail in connection with C.R. No. I –
60/2017 with Sutrapada Police Station, on executing a
bond of Rs.10,000/-(Rupees Ten Thousand only) with one
surety of the like amount to the satisfaction of the trial Court
and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse

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R/CR.MA/3978/2018 ORDER

liberty;

[b] not act in a manner injurious to the interest of
the prosecution;

[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly.

[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court
concerned;

5. The competent authority will release the applicant only if
the applicant is not required in connection with any other
offence for the time being. If breach of any of the above
conditions is committed, the Sessions Judge concerned will be
free to take appropriate action in the matter. Bail bond to be
executed before the lower court having jurisdiction to try the
case. It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law. At the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on
bail.

6. Rule made absolute to the aforesaid extent. Direct
service is permitted.

(S.H.VORA,J)
shekhar

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